logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.06.20 2018노603
강제추행
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) was duly adopted and investigated by the court below, and the court below found the defendant guilty of the facts charged in this case, but there is an error of law by mistake of facts and

2. In a judgment, the burden of proof for the criminal facts prosecuted in a criminal trial is to be borne by the public prosecutor, and the conviction of guilt is to be based on evidence with probative value sufficient to cause a judge to have the truth of the facts charged to the extent that there is no reasonable doubt, and if there is no such evidence, it is doubtful that the defendant is guilty.

Even if there is no choice but to judge the interests of the defendant.

(2) In light of the records of this case, the court below found the defendant not guilty of the facts charged of this case on the grounds as stated in its reasoning. In light of the records of this case, the judgment of the court below is just and the prosecutor's assertion is not accepted, since the above judgment of the court below is not erroneous in misunderstanding of facts or misunderstanding of legal principles.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

arrow